October 19, 2018

HB 13-1163: Introducing Victim Emergency Payment Program for Medical Exams for Victims of Sexual Assault

On January 30, 2013, Rep. Dan Kagan and Sen. Irene Aguilar introduced HB 13-1163 – Concerning Payment for Medical Costs Associated with Obtaining a Medical Forensic Examination for Victims of Sexual OffensesThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The sexual assault victim emergency payment program (program) is created in the division of criminal justice (division) within the Department of Public Safety. The purpose of the program is to help victims of sexual assault who need additional time to determine if they want to participate with the criminal justice system to pay for medical costs and fees associated with obtaining a medical forensic examination, which ensures that evidence of the assault is preserved regardless of whether the criminal justice system is engaged at the time of the assault and examination. The program is the payor of last resort. The division shall determine an annual cap on payment amount per victim based on actual and reasonable costs and available funds. Priority for the program must be to pay for indirect medical costs and fees incurred as the result of obtaining medical forensic examinations following a sexual assault for medical-reporting victims. Such indirect medical costs and fees may include, but are not limited to, emergency department fees and costs, laboratory fees, prescription medication, and physician’s fees. The program may also pay for any uncovered direct costs of the medical forensic examination for a medical-reporting victim. On Feb. 14, the Judiciary Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

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